Gandhi School Of Nursing vs State Of Haryana And Others
2022 Latest Caselaw 2038 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

Sr. No.148                                   Civil Writ Petition No.6112 of 2022
                                             Date of Decision : March 24, 2022

Gandhi School of Nursing                                            ...Petitioner

                                           Versus

State of Haryana and others                                       ...Respondents


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:     Mr. Ajay Kalra, Advocate, for the petitioner.
             *****

SUDHIR MITTAL, J. (ORAL)

The petitioner was issued NOC for admitting certain number of

students which was reduced by the Indian Nursing Council unilaterally.

There is no complaint regarding lack of infrastructure or any such issue.

The Supreme Court has held that the Indian Nursing Council has no

jurisdiction to increase or reduce the number of seats in a Nursing Institute

and the jurisdiction vests only with the State Nursing Council. Based upon

this judgment, a representation has been submitted for permitting the

petitioner to admit students for their course in accordance with the No

Objection Certificate granted by the State and the respective representation

has not been decided till date.

Notice of motion.

Mr. Hitesh Pandit, Addl. A.G. Haryana accepts notice on behalf

of respondents No. 1 and 3 and waives service.

At the asking of the Court, learned Addl. A.G. Haryana accepts

notice on behalf of respondent No. 2 as well.

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Civil Writ Petition No.6112 of 2022 --2--

Considering the nature of the order being passed, there is no

necessity to file reply.

The writ petition is disposed of with a direction to respondent

No. 2 to decide the pending representation in accordance with law by

passing a speaking order within twelve weeks from the date of receipt of

certified copy of this order.

Learned Addl. A.G. Haryana is directed to convey the order to

respondent No. 2.

March 24, 2022                                             (SUDHIR MITTAL)
Ankur                                                          JUDGE
Whether speaking/reasoned                Yes/No

Whether Reportable                       Yes/No




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